New Orleans, Mobile & Chicago Railroad v. Harrison

Citations

• 105 Miss. 18
• 61 So. 655

Syllabus

<p>1. Railroads. Duty to trespassers. LooJcoui. Diability of company. Sufficiency of evidence.</p> <p>A railroad company owes no duty to a trespasser on its track except not to wilfully injure him after he is seen, and it is not its duty to keep a lookout for trespassers on its track.</p> <p>2. Railroads. Injuries to trespassers. Sufficiency of evidence.</p> <p>Where in a suit against a railroad company for .the negligent killing of a trespasser on its tracks, the engineer testified that he was on the lookout at the time of the killing but only saw the deceased when about seventy-five yards from the point of the killing, and that then he did all he could to stop the train, but it was impossible to do so before striking deceased; but it was shown that at that point the track was straight and there was no reason why deceased could not have been seen in time for the train to stop before striking deceased, a verdict for the plaintiff will not be disturbed as circumstances are often as potent as the evidence of eyewitnesses.</p>